Divorce Decisions

Here you will find decisions concerning divorce and dissolution.

  • Name Change - A woman who has taken her husband's name in marriage can resume the use of her unmarried name, or some other surname, as part of the divorce under N.J.S.A. 2A:34-21. However, this is not true in a Divorce from Bed and Board, a limited divorce, under Leggio v. Leggio.

  • When your spouse fails to respond to your complaint for divorce and you testify at a Default Hearing, you don't automatically obtain the assets and support you request. An Ocean County trial court in Clementi v. Clementi clarified recently that the court is still required to analyze the statutory factors. The court will not treat the defendant's absence as consent to your proposals, though the defendant's failure to appear is a factor that will be considered. A plaintiff must show by a preponderance of the evidence (more likely than not) that the proposal for a division of the assets and debts of the marriage is fair and equitable. Proposals involving assets of significant value, such as the marital home, will be scrutinized.